HC junks plea against 2-day Delhi Assembly session in 2017\, slaps Rs 50k cost on lawyer

HC junks plea against 2-day Delhi Assembly session in 2017, slaps Rs 50k cost on lawyer

Press Trust of India  |  New Delhi 

The on Tuesday dismissed a lawyer's plea challenging the legality of a two-day Winter Session of the Assembly held on January 17-18, 2017 and the decisions taken during the sitting, and imposed a cost of Rs 50,000 on him for filing a "frivolous petition".

Justice disagreed with the contention saying that the proceedings were actually a resumption of the adjourned Winter Session of 2016 and not a fresh one.

The judge, while slapping the cost of Rs 50,000 on petitioner Prashant Kumar Umrao, also said that "nobody was suffering on account of the not addressing the session. Only persons who suffered were those (litigants) who had to wait for this frivolous petition to be heard before their matter was taken up".

"This court is of the view that this petition warrants cost," the said, adding that the amount be deposited with the newly created advocates welfare trust within two weeks.

The standing said that costs be imposed in the matter for wasting the court's time as was done against

The was on January 30 last year saddled with costs of Rs 5,000 for delay in filing its affidavit in the matter.

The high court in its oral order referred to a judgement, placed before it by Singh, which laid down the distinction between start of an adjourned session and commencement of a fresh one, and said that in view of the apex court decision the instant petition lacked any merit.

With the observation, the petition was dismissed.

During the brief proceedings, the Legislative Assembly, represented by Prabhsahay Kaur, told the court that an address by was not required as the two-day proceedings were only a resumption of the winter session which had been adjourned sine die on November 15, 2016.

Singh argued in the court that the first session of 2017 had actually commenced on March 6, 2017 and with the LG's address.

R P Luthra, appearing for Umrao, urged the court several times to reduce the cost amount, but the disagreed.

When the two-day session of the Assembly had commenced, of Opposition Vijender Gupta had objected to it saying by not inviting to address the "first session of the year", the government has "violated and misused" rules.

had rejected Gupta's charge, saying this sitting was not a new session in a new calender year but was part of the 2016 Winter Session.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Tue, April 09 2019. 18:40 IST